HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW
1. This first appeal under Section 96 of the Code of Civil Procedure, 1908
(CPC) impugns the judgment and decree dated 19th July, 2006 of the Court of
the Additional District Judge (ADJ) (Fast Track Court), Tis Hazari, Delhi of
dismissal of Suit No.10/2006 (instituted on 7th September, 1992) filed by the
appellant for recovery of possession of immovable property and damages for
use and occupation.
2. Notice of the appeal was issued and Trial Court record requisitioned.
The appeal, on 5th May, 2008 was admitted for hearing. Upon non appearance
of either of the parties on 2nd December, 2009 and 3rd December, 2009, the
appeal was dismissed in default but restored to its original position vide order
dated 14th December, 2010 and again ordered to be listed for hearing in the
category of „Regulars‟ as per turn. The appellant applied for early hearing and
RFA No.608/2006 Page 1 of 21
the appeal listed for hearing on an actual date. However thereafter again there
was a spate of adjournments. Finally on 8th October, 2015 though attempt to
hear arguments in the appeal was made but neither the counsel for the
appellant nor the counsel for the respondent were possessed of the suit file
and were unable to answer the enquiries made. In the circumstances,
judgment was reserved. No arguments in writing also have been filed by the
counsels for the parties. Be that as it may, I proceed to decide the appeal after
perusing the Trial Court record.
Source: Indian Kanoon